IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS

DIVISION OF ST. THOMAS AND ST. JOHN



JAHMAL LETTSOME, )

Plaintiff, ) ST-11-SM-239



)

VS. ) Action for Debt



)



JEROME CAZAUBON, )



Defendant. _)



)



MEMORANDUM AND ORDER

BEFORE THE COURT is the Defendant’s motion requesting that trial be held in Cruz

Bay, St. John. In support of his motion, the Defendant argues that the event resulting in this

litigation, an automobile accident, occurred in St. John and that the witnesses live in St. John and

would be inconvenienced if the trial was to be held in St. Thomas.

The Superior Court of the Virgin Islands is divided into the Division of St. Thomas and

St. John and the Division of St. Croix.! While the islands of St. Thomas and St. John compose a

single judicial division, the Superior Court maintains facilities in both islands. Virgin Islands

law only speaks as to which division a matter should be initiated in? and provides no guidance as

to what particular courthouse a matter should be heard in. While holding trial in in either island

would be proper under 4 V.I.C § 78(a), the Court will first consider the criteria that are relevant

when contemplating transfers between divisions, namely “the convenience of parties and

witnesses” and “the interest of justice.” Additionally, while this is not a motion to dismiss on

grounds of forum non conviens, the Court believes a similar analysis may help resolve the issue.

While that analysis considers both “private interests” and “public interests”, the Court finds only

the following private interests to be relevant here:



(1) the relative ease of access to sources of proof; (2) the availability of

compulsory process for attendance of unwilling witnesses; (3) the cost of



' See VI CODE ANN. tit 4 § 1 (1997).

? § 78(a).

* § 78(b).

Lettsome vs. Cazaubon

ST-11-SM-239

Memorandum and Order

Page 2 of 2



obtaining attendance of unwilling witnesses; (4) the possibility of viewing the

premises, if viewing would be appropriate to the action; and (5) all other practical

problems that make trial of a case easy, expeditious and inexpensive.’

In the context of forum non conviens, “[a] plaintiff's choice of forum must not be disturbed

unless the balance of the private and public factors strongly favors the defendant.”®

Briefly stated, the Court finds that the factors do not favor the defendant strongly enough

to warrant rescheduling the matter to a date in St. John. While St. John may be more convenient

for the Defendant and his witnesses, the Plaintiff likely filed in St. Thomas for his convenience.

The Court also believes any inconvenience to the Defendant’s witnesses would be minimal.

Furthermore, process is available in either location. Accordingly, it is hereby

ORDERED that Defendant’s Motion to Request that Hearing be Conducted on the Island

of St. John, Virgin Islands is DENIED; and it is further

ORDERED that this matter is RESCHEDULED for Tuesday, June 28, 2011 at 9:00

a.m. in Courtroom 3 of the Superior Court, Magistrate Division, Barbel Plaza South, St. Thomas,



U.S. Virgin Islands; and it is further



ORDERED that copies of this Memorandum and Order be served upon the parties



herein.

DATED: May /7_, 2011 pleeee

A D. SMITH

Magistrate of the Superior Court

of the Virgin Islands

ATTEST:



VENETIA.H. VELAZQUEZ, ESQ



INTH M. LOCKHART



Deputy ClerkS Jd Yo //



4 Sevison v. ise Ship Tours, Inc. 239 V.1. 231, 238 (1997) (citing Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508-09

(1947)).

3 Id.